PROVING YOUR DISABILITY (BY SSA RULES)

Before you can receive Social Security disability benefits, you must prove that you are disabled according to Social Security's rules.  There are many aspects in proving the case but here are the essentials:

First, if you have objective medical evidence to prove that you meet a Social Security listing, you can be approved.  Social Security listings are found in 20 CFR 404, Subpart P, Appendix 1.  Symptoms must be very severe to meet a listing and must be verified by medical records.

Second, if you do not meet a listing (most people do not) - you must prove that (a) you cannot perform any of your past relevant work and (b) that you cannot perform any other work which exists in significant numbers in the national, regional or local economy.

That may sound simple but it is not.  The first problem is the word proof.  The proof needs to be objective medical evidence from your doctor(s) or other providers.  Objective evidence is more than just a doctor's opinion:  it includes imaging studies such as MRI, X-ray, CAT scan, or EKG, or laboratory tests, etc.  The doctor certainly may give his/her opinion of your medical condition (and it is helpful is he/she will).  But this alone is not enough.

The second problem is proving severity of your conditions.  It must be proven that your symptoms are so severe that they prevent the ability to work a full-time job of any kind.  This requires the proving of severe exertional or non-exertional limitations.

HOW TO GET SOCIAL SECURITY DISABILITY

Getting Social Security disability benefits depends a great deal on

• your age
• your education
• how severe your impairments are
• your past work history and
• your knowledge of the Social Security disability regulations

Because your case must be proven with medical evidence, it is important to know how what you must prove and how to prove it.  Here are some tips.

1. File a complete and accurate application.  There will be dozens of pages of forms, including the application for benefits, a work history report, a function report, a Disability Report, and others.  Many people skip these forms or do the minimum work possible to save time.  This can get your claim denied.
2.  Be sure to give Social Security a list of all your doctors, hospitals, clinics, pharmacies, psychologists, counselors, etc.  This is the basis of medical evidence and medical evidence is what gets you approved.  Don't skip anyone.
3. Be graphic and detailed in your functional limitations.  By this, we mean any restrictions on sitting, walking, reaching, standing, lifting, pushing/pulling, kneeling, crouching, crawling, concentration (paying attention), etc.  If you have to rest 30 minutes after taking the kids to school, state that in your application.  If you can only stand comfortably for 15 to 20 minutes due to back pain, state that clearly.
4. Be sure to describe all your past work (within the past 15 years) in great detail on the Work History Report.  This form is important because it will be used by Social Security to determine whether you can still perform any of your "past relevant work."  If you can, you will be denied benefits.  So it is very important to estimate how much you did each of the following activities in each past job:  sitting, standing, walking, lifting, stooping, crouching, crawling, kneeling, etc.  For example, if you usually only lifted 10 pounds, but once a month you had to unload a truck and that required lifting 50 pounds, be sure to say so.  It changes everything.
5. Avoid all untruthful statements or exaggerations; however, don't go the opposite way, either.  Don't minimize any of your problems.  For example, if you are very irritable and were once fired because you couldn't get along with a supervisor, say so.  It matters.  Social Security must consider both physical and mental impairments or limitations.
6. If you are not a person who is good with forms and written language, consider having someone help you complete the forms.  Of course, firms like mine will complete them for you, at no cost unless you win benefits.  But a friend, relative or someone in the community who knows you well may be able to help you fill out the forms.
7. Be persistent.  Only about 28 percent of applications are approved at the first level. The odds improve to about 50 percent on appeal.  If you get denied, it's par for the course.  File a request for a hearing and continue to build your medical and legal case.  Most claims fail because the claimant gives up after one denial.  This is a mistake.
8. Don't just file a new claim.  Appeal the old claim.  Filing a new claim over and over gets you denied over and over.  The same people look at the same evidence and make the same decision again, even if it is the wrong decision.  Move your claim up the chain of command and get a judge to review everything fresh and new.  This is what an appeal does.

• Because Social Security disability is a legal process, with complex rules and regulations about who qualifies, we do recommend you consider an attorney or professional advocate to help you.  It costs you nothing unless you win with back pay.  (No fee if you lose).  And we are seeing more and more evidence that unrepresented claimants do not often win their benefits.  Consider getting someone to fight for you.

HUNTSVILLE DISABILITY TIME FRAMES

How long does it take to get a Social Security disability claim processed in Huntsville, AL?

It takes 90 to 120 days to get an initial decision from the Disability Determination Service (DDS).  About 72 percent of those decisions will be unfavorable, or denials.

The average processing time for an appeal in Alabama is 424 days.  From the time you file your appeal until you have a final resolution will be about 424 days.

Claims can be faster if you are:

a)  a disabled veteran with a 100% permanent, total disability rating from the US Veterans Administration, or

b)  in dire need - you are homeless, about to be evicted, without food or medical treatment and cannot afford food or medical treatment, etc. (The rules for "dire need" are rather strict).

If you need help with a Social Security disability claim (veteran or non-veteran), please contact the Forsythe Firm in Huntsville, AL at (256) 799-0297.

There is no fee for anything we do unless you are approved and receive past due benefits.

 

WOUNDED WARRIORS - VETS AND SOCIAL SECURITY DISABILITY

Veterans may become disabled during active military service and it may take months before they complete the process for a medical discharge.  During this period, they are still receiving active duty military pay.  But may they also qualify for Social Security disability benefits?  The answer is, yes, they may--even though they are still getting active duty pay.

The Wounded Warrior provisions are very clear that active duty military pay, in and of itself, does not disqualify a disabled veteran from receiving Social Security disability payments.

The key is not whether the service member is receiving military pay, but whether he or she is able to work.  If it can be shown by objective medical evidence that a service member cannot perform work related activities, he or she may qualify for Social Security disability benefits.

Also, once the veteran receives a 100% permanent and total disability rating from the Veterans Administration, Social Security offers an expedited track for a disability decision--which can reduce waiting time for a disability determination.

 To explore the possibility of a successful Social Security disability claim, please contact Charles W. Forsythe, a partner with the Forsythe Firm in Huntsville.  (256) 799-0297.

DISABILITY & DRUG OR ALCOHOL ABUSE

Almost everyday I get calls from people complaining that Social Security pays disability benefits to drug addicts and individuals who abuse alcohol.  Well meaning people are concerned that eligible claimants are being denied while millions of people are being awarded benefits for drug or alcohol abuse.

Actually, Social Security has a long-standing regulation that makes substance abuse ineligible for disability benefits.  If an individual has other severe impairments with substance abuse or alcoholism, the other impairments may qualify for disability benefits as long as the alcohol or drug use is "not material" to the other impairments.

According to 20 C.F.R. 404.1535, the key factor to be examined in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether [Social Security] would still find the claimant to be disabled if he/she stopped using drugs or alcohol.

The obvious example that I use is brain cancer.  If an individual has incurable brain cancer but also happens to be an alcoholic, the brain cancer will still qualify for disability benefits because even if the individual stopped using alcohol, he would still have brain cancer.

HUNTSVILLE SOCIAL SECURITY DISABILITY - FREE INFO

Sponsored by The Forsythe Firm of Huntsville (256) 799-0297, www.Get-SS.com

Basic Qualifications:  You May Qualify for Social Security Disability if

• You have a serious impairment that has lasted at least 12 months or is expected to last that long.
• You have worked at least 5 out of the previous 10 year period.
• You are getting medical evaluations and/or treatment (have medical records)
• You are not working at substantial gainful activity (Full-time work or equivalent)
  
  

   Steps in Getting Approved for Disability

  • Apply either directly to Social Security or have your legal representative file for you.
  • Initial decisions usually take 3 to 4 months.
  • Appeal an unfavorable decision with 60 days (Your representative can do this for you).
    
    

    Amount of Your Monthly Benefit

    The amount of your monthly benefit depends on your age, your earnings record and how much FICA tax you have paid into the Social Security Trust Fund.  The average monthly benefit in 2014 is around $1,150 per month.  The maximum benefit is about $2,642 per month. Individuals who are blind may be entitled to higher benefit amounts.
    
    

    How Are Legal Representatives Paid?

    An attorney or non-attorney representative will only charge you a fee if your case is successful and you recover retroactive or "past due" benefits.    Fees are governed by regulations of the Social Security Administration.  If your representative is eligible for Direct Fee Withholding, Social Security will withhold the approved fee and pay the representative directly.  If you do not win, or if you do not receive any past due benefits, there will not be a fee for representation.
    
    

    What Are My Odds of Winning Social Security Disability?

    Every case is different.  A case may have very high odds of being approved, or very low odds, depending on the medical evidence, age of the claimant, education, work experience, functional limitations, and other factors.  Looking strictly at statistics, about 24 percent of claims in Alabama are approved at the initial or application level.  Approximately one-half of all claims filed are approved at the appeal level.  Over 90 percent of claimants at the appeal level are professionally represented.
    
    

    What Happens at a Social Security Disability Hearing?

    The claimant and his/her representative meet with a federal administrative law judge (ALJ) in a closed hearing (no spectators).  Usually, Social Security has called a vocational rehabilitation counselor (vocational expert) to provide testimony.  The ALJ will question the claimant then allow the representative to question the claimant.  The judge will then take testimony from the vocational witness concerning the claimant's past relevant work history.  The ALJ will then give one or more hypothetical scenarios which place different limitations on the claimant's ability to perform work related activities.  The vocational expert will then be asked if there are any jobs in the national, regional or local economy that such an individual could perform based on his/her age, education, work history and functional limitations.  This may include past work or "other work."  To be approved, the claimant must demonstrate that he/she cannot perform any past relevant work and also that he/she cannot perform any other work that exists in significant numbers in the national, regional or local economy.
    
    

    What Factors Are Vital to A Successful Disability Hearing?

    • Well Developed Medical Evidence (Doctor's records, opinions, etc.)

      • Complete, Detailed Work History

        • Documentation of physical and mental limitations

          www.Get-SS.com

          THE FORSYTHE FIRM*

          (256) 799-0297

           

          

           

           

          The Forsythe Firm, Huntsville, Alabama is a privately owned professional firm which is not affiliated with or endorsed by the US Social Security Administration.  (The Social Security Administration does not endorse, approve or commission any law firm or non-attorney advocacy firm). 
          Mission Statement:  To help truly disabled individuals with the complicated process of getting Social Security disability benefits.